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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The boundary fence between my garden and the neighbours

Customer Question

Hi, the boundary fence between my garden and the neighbours garden is low and in a state of bad repair. When the house was sold at auction, we asked the new owner to replace the fence with a 6ft fence and even offered to pay half. He did not budge. I know that there is nothing I can do to force them to sort the fence. We secured our side with chicken wire as the tenants often have a staffie bullterrier staying with them. We asked the tenants to not let the dog be in the garden unsupervised. Yesterday, the Staffie managed to get into our garden and attacked our cat, I had to pull him off and thankfully I was uninjured. Our cat is most likely not going to make it. I was lucky. And we were even more lucky that he had not attacked our daughter and her friend who had earlier on been playing in the garden.
What is my legal position with regards ***** ***** fence now?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know why they won't repair the fence please?Alex
Customer: replied 1 year ago.
He just does not want to spend the money, he is one of those landlords who just wants to take the money from the tenant and not spend anything. Well that's my impression, I have been asking about the fence for more than 2 years.
Expert:  Ash replied 1 year ago.
Ok - well potentially you have a claim in relation to the cat. Had it not been for the fence not being fixed then you could argue your cat would not have been attacked.You need to write ask the neighbour/Landlord to fix or say you will go to Court. If they refuse then you can issue Court proceedings for an order making the neighbour. You would need to complete form N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court would list the matter and decide to make an order. If the Court does and they refuse then this could be contempt of Court which they could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/